Writ of Habeas Corpus which literally means "you have the body" is a judicial mandate to a prison official ordering that an inmate be brought to the court.6 min read
Updated November 18, 2020:
Writ of Habeas Corpus
Meaning "you have the body," prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.
Habeas Corpus Petition
A habeas corpus petition is a petition filed with a court by a person who objects to their own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares them in contempt of court and jails or threatens to jail them.
Examples of Habeas Corpus
- In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S.Ct. 1778 (1992), the court observed that the Supreme Court has "recognized the fact that '[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.'"
- Harris v. Nelson, 394 U.S. 286, 290-91 (1969). "Therefore, the writ must be "administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected." Harris, 394 U.S. at 291.
The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action." Harris v. Nelson, 394 U.S. 286, 290-91 (1969). Because the habeas process delays the finality of a criminal case, however, the Supreme Court in recent years has attempted to police the writ to ensure that the costs of the process do not exceed its manifest benefits.
Managing the Writ of Habeas Corpus
In McCleskey, the Court raised barriers against successive and abusive petitions. The Court raised these barriers based on significant concerns about delay, cost, prejudice to the prosecution, frustration of the sovereign power of the States, and the "heavy burden" federal collateral litigation places on "scarce federal judicial resources," a burden that "threatens the capacity of the system to resolve primary disputes." McCleskey, 499 U.S. at 467.
The Court observed that"[t]he writ of habeas corpus is one of the centerpieces of our liberties. 'But the writ has potentialities for evil as well as for good. Abuse of the writ may undermine the orderly administration of justice and therefore weaken the forces of authority that are essential for civilization.' " McCleskey, 499 U.S. at 496 (quoting Brown v. Allen, 344 U.S. 443, 512 (1952) (opinion of Frankfurter, J.))
Purpose of Habeas Corpus
The predominant inquiry on habeas is a legal one: whether the "petitioner's custody simpliciter (or authority)" is valid as measured by the Constitution. Coleman v. Thompson, 501 U.S. 722, 730 (1991). The purpose of the great writ is not to re-litigate state trials.
Dismissal of a habeas petition under the "total exhaustion" rule of Rose v. Lundy, 455 U.S. 509, 520 (1982) (each claim raised by petitioner must be exhausted before the district court and may reach the merits of any claim in habeas petition). Jury exposure to facts not in evidence deprives a defendant of the rights to confrontation, cross-examination, and assistance of counsel embodied in the Sixth Amendment.
For example:
- Dickson v. Sullivan, 849 F.2d 403, 406 (9th Cir. 1988).
- Jeffries v. Blodgett, 5 F.3d 1180, 1191 (9th Cir. 1993) (introduction of extraneous prior bad acts evidence during deliberations constitutes an error of constitutional proportions), cert. denied, 114 S.Ct. 1294 (1994). However, a petitioner is entitled to habeas relief only if it can be established that the constitutional error had "substantial and injurious effect or influence in determining the jury's verdict."
- Brecht v. Abrahamson, 113 S. Ct. 1710, 1722 & n.9 (1993). Whether the constitutional error was harmless is not a factual determination entitled to the statutory presumption of correctness under 28 U.S.C. S 2254(d). Dickson, 849 F.2d at 405.
- Marino v. Vasquez, 812 F.2d 499, 504 (9th Cir. 1987).
How a Habeas Corpus Proceeding Works
In a habeas corpus proceeding, a federal court generally "will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment." Coleman v. Thompson, 501 U.S. 722, 111 S. Ct. 2546, 2553-54 (1991).
This doctrine applies to bar federal habeas review when the state court has declined to address the petitioner's federal claims because they failed to meet state procedural requirements. Id. at 2254; see also Sochor v. Florida, 504 U.S. 527, 119 L. Ed. 2d 326, 337 (1992). Thus, the independent state grounds doctrine bars the federal courts from reconsidering the issue in the context of habeas corpus review as long as the state court explicitly invokes a state procedural bar rule as a separate basis for its decision. Harris v. Reed, 489 U.S. 255, 264 n.10 (1988).
Habeas petitioners are not entitled to habeas relief based on trial error unless they can establish that it resulted in actual prejudice. O'Neal v. McAninch, 115 S. Ct. 992, 994-95 (1995). It is the responsibility of the court, once it concludes there was an error, to determine whether the error affected the judgment. If the court is left in grave doubt, the conviction cannot stand. Id.
On a petition for a writ of habeas corpus, the standard of review for a claim of prosecutorial misconduct, like the standard of review for a claim of judicial misconduct, is "the narrow one of due process, and not the broad exercise of supervisory power." (Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 642 (1974)). "The relevant question is whether the prosecutor['s] comments 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'" Id. (quoting Donnelly, 416 U.S. at 643).
When Is Habeas Corpus Warranted?
A federal court has no supervisory authority over criminal proceedings in state courts. The only standards we can impose on the states are those dictated by the Constitution. Daye, 712 F.2d at 1571. Objectionable as some actions might be, when considered in the context of the trial as a whole, they are not "of sufficient gravity to warrant the conclusion that fundamental fairness has been denied." Id. at 1572. See, for example:
- Gayle v. Scully, 779 F.2d at 807 (trial judge's caustic, sarcastic comments and offensive conduct, although perhaps inconsistent with institutional standards of federal courts, did not violate due process).
- Daye, 712 F.2d at 1572 (trial judge's sceptical attitude toward defendant's testimony, and his reinforcement of identification evidence by government witnesses, "approached but did not cross the line that permits [a ruling] that the Constitution has been violated").
The fact that a jury instruction is inadequate by Federal Court direct appeal standards does not mean a petitioner who relies on such an inadequacy will be entitled to habeas relief from a state court conviction. Estelle v. McGuire, 502 U.S. 62, 71-72 (1991). In habeas proceedings challenging state court convictions, relief is available only for constitutional violations.
Whether a constitutional violation has occurred will depend upon the evidence in the case and the overall instructions were given to the jury. See the following cases:
- Cupp v. Naughten, 414 U.S. at 147 (constitutionality determined not by focusing on ailing instruction "in artificial isolation" but by considering the effect of instruction "in the context of the overall charge.").
- Henderson v. Kibbe, 431 U.S. 145, 155 (1977) (recognizing that "[a]n omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law" and, therefore, a habeas petitioner whose claim of error involves the failure to give a particular instruction bears an "especially heavy" burden).
Shackling, except in extreme forms, is susceptible to harmless error analysis. Castillo v. Stainer, 997 F.2d at 669. In a habeas case dealing with a state court sentence, the question is whether the shackling "had substantial and injurious effect or influence in determining the jury's verdict." Id. (quoting Brecht v. Abrahamson, 113 S. Ct. 1710, 1714 (1993)). If we are in "grave doubt" whether the error affected the verdict, the error is not harmless. O'Neal v. McAninch, 115 S. Ct. 992, 994 (1995).
The risk of doubt, however, is on the state. Id. at 996 (rejecting language in Brecht v. Abrahamson which places on defendant burden of showing prejudice). See Castillo v. Stainer, 983 F.2d at 149 (finding shackling at trial harmless error because the defendant only wore waist chain that could not be seen by jury).
FAQs
To be successful, you must demonstrate that in some way, your rights were denied or violated in the process of detaining you, meaning you have been detained illegally. Common arguments for granting a habeas corpus petition include: You had incompetent legal counsel or a competent attorney was not provided.
What is the success rate of habeas corpus? ›
It found that 3.2 percent of the petitions were granted in whole or in part, and only l. 8 percent resulted in any type of release of the petitioner. Successful habeas corpus claims in most cases do not produce a prisoner's release, but rather a requirement for further judicial review.
What are you guaranteed under habeas corpus? ›
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
Can habeas corpus be denied? ›
Any order denying a petition for writ of habeas corpus must contain a brief statement of the reasons for the denial. An order only declaring the petition to be "denied" is insufficient. (Subd (g) amended and relettered effective January 1, 2002; adopted as subd (e) effective January 1, 1982.)
What are some common grounds for habeas corpus relief? ›
A Writ of Habeas Corpus usually addresses claims of ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence, jury misconduct, and claims of actual innocence.
What happens when habeas is granted? ›
Often, what happens when a writ of habeas corpus is granted is that the court will hold a hearing on the matter, during which time the inmate and the government can both present evidence regarding whether there is a lawful basis for jailing the person, including evidence gathered through subpoenas for documents or ...
Is habeas corpus innocent until proven guilty? ›
The purpose of the writ of habeas corpus is not to determine the guilt or innocence of a prisoner, but only to test the legality of a prisoner's current detention.
Does habeas corpus work? ›
Habeas corpus is still an effective remedy at the federal level where a petition for writ of habeas corpus can be used to challenge both federal and state detentions where the detention may be in violation of federal law or federal constitutional protections.
Is the writ of habeas corpus good or bad? ›
The Court observed that"[t]he writ of habeas corpus is one of the centerpieces of our liberties. 'But the writ has potentialities for evil as well as for good. Abuse of the writ may undermine the orderly administration of justice and therefore weaken the forces of authority that are essential for civilization.
What are 2 examples of writ of habeas corpus? ›
Examples of writ of habeas corpus
- Bloomfield, who pleaded guilty in 2008 to murdering five people in New Mexico, filed a writ of habeas corpus to withdraw his guilty plea. ...
- The granddaddy of all American constitutional crises was precipitated by Southern secession in 1861.
Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.
How do I write a habeas corpus writ? ›
The habeas corpus petition must be typewritten or legibly handwritten. All questions must be answered clearly and concisely in the appropriate space on the form. You do not need to cite law. You may submit additional pages if necessary.
What is bad about habeas corpus? ›
Once known as the Great Writ of Liberty, habeas corpus has been so extensively diminished that it is no longer a protection against unlawful imprisonment but rather an empty procedure that enables and may actually encourage state courts to disregard constitutional rights.
Why would habeas corpus be denied? ›
Usually, Federal courts will reject a Federal Writ of Habeas Corpus if they were denied in State Courts on state grounds only. Or if they were procedural defective. As such, it is recommended that you seek the guidance of an attorney in pursuing your Federal Writ of Habeas Corpus.
Is there a time limit on habeas corpus? ›
Unlike many other statutes of limitation, the one-year federal habeas corpus statute of limitations can start and stop several times, depending on whether state court collateral filings are pending or concluded. However, when it starts again, it does not start over with a full year remaining.
Is habeas corpus state or federal? ›
Writs of habeas corpus can be filed in state or federal court. A state-court writ of habeas corpus is brought pursuant to California law, whereas a federal writ is brought under prevailing federal law.
What type of court case is a habeas corpus case? ›
State prisoners can petition Federal courts to review the validity of their convictions and sentences; these petitions, commonly called habeas corpus petitions, allege that criminal proceedings and resulting convictions and/or sentences violated the constitutional rights of prisoners.
What takes place in a habeas corpus proceeding? ›
A writ of habeas corpus is an order directing authorities to bring the defendant before a court to determine whether keeping the defendant in custody is legal or not. It is also a way of challenging the constitutionality of a conviction.
How long do you have to file a habeas petition? ›
Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.
What must happen before habeas corpus can be filed? ›
As mentioned above, you must first exhaust all state remedies before filing a Habeas Corpus petition. Following the trial, the defendant has the right to appeal to an intermediate Appellate Court of whatever State Court in which the trial takes place.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
How do you prove actual innocence? ›
Under California Penal Code § 851.8, anyone who was detained, arrested or charged (but not convicted) of a crime can pursue a certificate of factual innocence by filing a petition for writ of habeas corpus in the convicting court.
Is habeas corpus a court order? ›
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
Why is habeas corpus good? ›
Habeas Corpus has traditionally been an important instrument to safeguard individual freedoms against overreaching government power. Without habeas, a person could be detained unlawfully without recourse for securing their release.
Is habeas corpus a bail? ›
Current through the 2023 Legislative Session. When a person is imprisoned or detained in custody on any criminal charge, for want of bail, such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition, without alleging that he is illegally confined.
How does habeas corpus protect the accused? ›
Habeas corpus started in American law in the first article of the Constitution. This writ protects any person who gets arrested from staying in custody for no good reason. It forces law enforcement or governing bodies to show good cause of keeping a person in custody.
What is another name for habeas corpus? ›
In United States law, habeas corpus ad subjiciendum (the full name of what habeas corpus typically refers to) is also called "the Great Writ," and it is not about a person's guilt or innocence, but about whether custody of that person is lawful under the U.S. Constitution.
What is a sentence with habeas corpus in it? ›
A number of people arrested and detained throughout the country sought writs of habeas corpus before the courts. He wanted them released through writs of habeas corpus, a right hitherto granted only to human prisoners.
What is writ of habeas corpus in your own words? ›
A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention.
What is the post conviction relief for habeas corpus? ›
Typically, post-conviction relief refers to the process of filing petitions for “habeas corpus” either in state court or in federal court. This process is generally after the trial and sentence are finalized, and after any direct appeals have been decided (including any rulings by the U.S. Supreme Court).
In the criminal justice system, specific rules are in place to protect the Constitutional rights of the accused. Courts apply a doctrine known as the “exclusionary rule” to prevent the prosecution from using evidence obtained through illegal search and seizure.
What is a 2255 motion? ›
MOTION UNDER 28 U.S.C. § 2255. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. You are asking for relief from the conviction or the sentence. This form is your motion for relief.
What is an example of a due process? ›
What is an example of due process? An example of due process is when a citizen is being arrested for a crime, they must be given notice of this crime, when the court case will be held, and given the right to an attorney.
What is a 2241 motion? ›
What is a 2241 motion? A 2241 motion is a mechanism whereby one can complain of being unlawfully detained for any number of reasons recognized by law. A typical case is an improper calculation of sentence credits leaving a defendant to serve more time in prison than is proper.
Who violated habeas corpus? ›
On April 27, 1861, the right of habeas corpus was unilaterally suspended by President Abraham Lincoln in Maryland during the American Civil War.
Which individual freedom is protected under the Constitution? ›
The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America the freest in the world.
Who has the power to deny the privilege of habeas corpus? ›
The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it.
What bears the burden of proof in a habeas proceeding? ›
In all of the Guantánamo habeas cases that have proceeded to disposition, the judges purport to have required that the government carry the burden of showing, by a preponderance of the evidence, that the detainee falls within the definition of the detainable class.
What power can suspend habeas corpus? ›
Article I, Section 9, Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Can you file a second habeas corpus? ›
SECOND OR SUCCESSIVE PETITIONS FOR A WRIT OF HABEAS CORPUS
Before filing in the district court a second or successive § 2255 motion or § 2254 petition, the prisoner must file a motion in this Court for an order authorizing the district court to consider the second or successive habeas application.
Habeas corpus is one of the earliest common law writs. In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
Who gets habeas corpus? ›
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
What is an example of a habeas corpus case? ›
An example of a petition for habeas corpus in the U.S. occurred in the 2009 case Knowles v. Mirzayance. Mirzayance had been accused of murder and had pled not guilty and not guilty by reason of insanity (NGI); however, his legal counsel dissuaded him from pursuing the NGI plea, and he was found guilty.
Why is habeas corpus controversial? ›
On April 27, 1861, Lincoln suspended the writ of habeas corpus between Washington, D.C., and Philadelphia to give military authorities the necessary power to silence dissenters and rebels. Under this order, commanders could arrest and detain individuals who were deemed threatening to military operations.
When can habeas corpus be suspended? ›
Article I, Section 9, Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
What is writ of habeas corpus for dummies? ›
Habeas corpus is a legal rule that requires a prisoner be presented in court and that the arrester prove that there is proper cause for detaining the prisoner. Put simply, it means that if you are arrested, you have the right to make the government prove to a judge that your arrest and detainment are justified.
What amendment is habeas corpus? ›
THIS ARTICLE EXAMINES THE EXTENT OF FEDERAL HABEAS CORPUS RELIEF AVAILABLE TO STATE PRISONERS ALLEGING FOURTH AMENDMENT CLAIMS, IN LIGHT OF RECENT SUPREME COURT DECISIONS.
What is the habeas corpus and due process? ›
The writ of habeas corpus has long stood as the primary weapon against the development of tyranny. It enables a court to demand that the executive produce individuals it is detaining and explain the lawful basis for that detention, and to order the detainees' release if it finds the confinement to be unlawful.
